Modernization of Payphone Compensation Rules; Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996; 2016 Biennial Review of Telecommunications Regulations, 33143-33144 [2018-15157]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
daltland on DSKBBV9HB2PROD with RULES
on sales calls for voice services; and (ii)
unauthorized charges on telephone
bills. Although the Commission has
previously held that these practices are
unjust and unreasonable practices under
section 201(b) of the Act, its rules have
not expressly prohibited them. Because
these prohibitions have been long
recognized pursuant to our enforcement
actions, however, they should not
necessitate any new burdens for those
carriers are that in compliance. In
addition, the Commission takes steps to
improve the effectiveness of the existing
carrier change process by eliminating
the requirement that carriers obtain the
authorization to switch each individual
service when selling more than one
service and by suspending any carrier
for a five-year period from using the
TPV process when it becomes the
subject of a Commission forfeiture
action.
Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
22. The RFA requires an agency to
describe any significant, specifically
small business alternatives that it has
considered in developing its approach,
which may include the following four
alternatives (among others): ‘‘(1) the
establishment of differing compliance or
reporting requirements or timetables
that take into account the resources
available to small entities; (2) the
clarification, consolidation, or
simplification of compliance or
reporting requirements under the rule
for small entities; (3) the use of
performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.’’
23. The rules adopted in document
FCC 18–78 codify long-recognized
consumer protections from slamming
and cramming. In prior enforcement
actions, the Commission has previously
held that these practices are unjust and
unreasonable practices under section
201(b) of the Act. As a result, the
economic impact on affected carriers
should be minimal because they impose
no new requirements. In declining to
adopt other measures discussed in the
Slamming and Cramming NPRM, the
Commission has taken into
consideration the potential burdens on
carriers, including smaller carriers, in
determining that such actions are not
justified at this time. In these instances,
the Commission has taken into
consideration the concerns of industry
commenters that the potential costs and
delays that may result from these
measures outweigh the potential
benefits to consumers.
VerDate Sep<11>2014
16:09 Jul 16, 2018
Jkt 244001
Ordering Clauses
Pursuant to sections 1–4, 201(b), and
258 of the Communications Act of 1934,
as amended, 47 U.S.C. 151–154, 201,
258, document FCC 18–78 is adopted,
and part 64 of the Commission’s rules,
47 CFR 64.1120 and 64.2401 are
amended.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
document FCC 18–78 to Congress and
the Government Accountability Office
pursuant to the Congressional Review
Act.
The Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
document FCC 18–78, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 64
Communications common carriers,
Telecommunications.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64 is
revised to read as follows:
■
Authority: 47 U.S.C. 154, 201, 202, 218,
222, 225, 226, 227, 228, 251(e), 254(k),
403(b)(2)(B), (c), 616, 620, 1401–1473, unless
otherwise noted.
2. Amend § 64.1120 by revising
paragraphs (a)(1)(i) and (b) to read as
follows:
■
§ 64.1120 Verification of orders for
telecommunications services.
(a) * * *
(1) * * *
(i) Authorization from the subscriber,
subject to the following:
(A) Material misrepresentation on the
sales call is prohibited. Upon a
consumer’s credible allegation of a sales
call misrepresentation, the burden of
proof shifts to the carrier making the
sales call to provide persuasive
evidence to rebut the claim. Upon a
finding that such a material
misrepresentation has occurred on a
sales call, the subscriber’s authorization
to switch carriers will be deemed
invalid.
(B) [Reserved]
*
*
*
*
*
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
33143
(b) Any telecommunications carrier
that becomes the subject of a
Commission forfeiture action through a
violation of the third-party verification
process set forth in paragraph (c)(3) of
this section will be suspended for a fiveyear period from utilizing the thirdparty verification process to confirm a
carrier change.
*
*
*
*
*
■ 3. Amend § 64.2401 by adding
paragraph (g) to read as follows:
§ 64.2401
Truth-in-Billing Requirements.
*
*
*
*
*
(g) Prohibition against unauthorized
charges. Carriers shall not place or
cause to be placed on any telephone bill
charges that have not been authorized
by the subscriber.
[FR Doc. 2018–14151 Filed 7–16–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 17–141; CC Docket No.
96–128; WC Docket No. 16–132; FCC 18–
21]
Modernization of Payphone
Compensation Rules; Implementation
of the Pay Telephone Reclassification
and Compensation Provisions of the
Telecommunications Act of 1996; 2016
Biennial Review of
Telecommunications Regulations
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection associated with
the Commission’s payphone
compensation rules. This document is
consistent with the Modernization of
Payphone Compensation Rules Report
and Order, FCC 18–21, which stated
that the Commission would publish a
document in the Federal Register
announcing the effective date of those
rules.
SUMMARY:
The amendment to 47 CFR
64.1310(a)(3) published at 83 FR 11422,
March 15, 2018, is effective on July 17,
2018.
FOR FURTHER INFORMATION CONTACT:
Michele Levy Berlove, Attorney
Advisor, Wireline Competition Bureau,
at (202) 418–1477, or by email at
Michele.Berlove@fcc.gov. For additional
DATES:
E:\FR\FM\17JYR1.SGM
17JYR1
33144
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
information concerning the Paperwork
Reduction Act information collection
requirements, contact Nicole Ongele at
(202) 418–2991 or nicole.ongele@
fcc.gov.
This
document announces that, on July 2,
2018, OMB approved, for a period of
three years, the information collection
requirements relating to certain
payphone compensation rules contained
in the Commission’s Modernization of
Payphone Compensation Rules Report
and Order, FCC 18–21, published at 83
FR 11422, March 15, 2018, as specified
above.
The OMB Control Number is 3060–
1046. The Commission publishes this
document as an announcement of the
effective date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
any burdens caused thereby, please
contact Nicole Ongele, Federal
Communications Commission, Room
1–A620, 445 12th Street SW,
Washington, DC 20554. Please include
the OMB Control Number, 3060–1046,
in your correspondence. The
Commission will also accept your
comments via email at PRA@fcc.gov.
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at
(202) 418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with RULES
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the FCC is notifying the public that it
received final OMB approval on July 2,
2018, for the information collection
requirements contained in the
modifications to the Commission’s rules
in 47 CFR part 64. Under 5 CFR part
1320, an agency may not conduct or
sponsor a collection of information
unless it displays a current, valid OMB
Control Number.
No person shall be subject to any
penalty for failing to comply with a
collection of information subject to the
Paperwork Reduction Act that does not
display a current, valid OMB Control
Number. The OMB Control Number is
3060–1046. The foregoing notice is
required by the Paperwork Reduction
Act of 1995, Public Law 104–13,
October 1, 1995, and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1046.
VerDate Sep<11>2014
16:09 Jul 16, 2018
Jkt 244001
OMB Approval Date: July 2, 2018.
OMB Expiration Date: July 31, 2021.
Title: Part 64, Modernization of
Payphone Compensation Rules et al.,
WC Docket No. 17–141 et al., FCC
18–21.
Form Number: N/A.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 329 respondents; 2,257
responses.
Estimated Time per Response: 0.50
hours–122 hours.
Frequency of Response: On occasion,
one-time, and quarterly reporting
requirements; third party disclosure
requirements; and recordkeeping
requirement.
Obligation To Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in 47 U.S.C.
151, 154 and 276 of the
Communications Act of 1934, as
amended.
Total Annual Burden: 34,720 hours.
Total Annual Cost: No cost(s).
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
The Commission is not requesting that
the respondents submit confidential
information to the FCC. Respondents
may, however, request confidential
treatment for information they believe to
be confidential under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: Section 276 of the
Communications Act, as amended (the
Act), requires that the Federal
Communications Commission
(Commission or FCC) establish rules
ensuring that payphone service
providers or PSPs are ‘‘fairly
compensated’’ for each and every
completed payphone-originated call.
The Commission’s Payphone
Compensation Rules satisfy section 276
by identifying the party liable for
compensation and establishing a
mechanism for PSPs to be paid. A 2003
Report and Order (FCC 03–235)
established detailed rules (Payphone
Compensation Rules) ensuring that
payphone service providers or PSPs are
‘‘fairly compensated’’ for each and every
completed payphone-originated call
pursuant to section 276 of the
Communications Act, as amended (the
Act). The Payphone Compensation
Rules satisfy section 276 by identifying
the party liable for compensation and
establishing a mechanism for PSPs to be
paid. The Payphone Compensation
Rules: (1) Place liability to compensate
PSPs for payphone-originated calls on
the facilities-based long distance
carriers or switch-based resellers (SBRs)
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
from whose switches such calls are
completed; (2) define these responsible
carriers as ‘‘Completing Carriers’’ and
require them to develop their own
system of tracking calls to completion;
(3) require Completing Carriers to file
with PSPs a quarterly report and also
submit an attestation by the chief
financial officer (CFO) that the payment
amount for that quarter is accurate and
is based on 100% of all completed calls;
(4) require quarterly reporting
obligations for other facilities-based
long distance carriers in the call path, if
any, and define these carriers as
‘‘Intermediate Carriers;’’ and (5) give
parties flexibility to agree to alternative
compensation arrangements (ACA) so
that small Completing Carriers may
avoid the expense of instituting a
tracking system and undergoing an
audit. On February 22, 2018, the
Commission adopted a Report and
Order, FCC 18–21 (2018 Payphone
Order), that: (1) Eliminated the
payphone call tracking system audit and
associated reporting requirements; (2)
permitted a company official, including
but no longer limited to, the chief
financial officer (CFO), to certify that a
Completing Carrier’s quarterly
compensation payments to PSPs are
accurate and complete; and (3)
eliminated expired interim and
intermediate per-payphone
compensation rules that no longer apply
to any entity. We believe that the
revisions adopted in the 2018 Payphone
Order significantly decrease the
paperwork burden on carriers.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018–15157 Filed 7–16–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 74
[GN Docket No. 16–142; FCC 17–158]
Authorizing Permissive Use of the
‘‘Next Generation’’ Broadcast
Television Standard
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with FCC 17–158. This
SUMMARY:
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33143-33144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15157]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[WC Docket No. 17-141; CC Docket No. 96-128; WC Docket No. 16-132; FCC
18-21]
Modernization of Payphone Compensation Rules; Implementation of
the Pay Telephone Reclassification and Compensation Provisions of the
Telecommunications Act of 1996; 2016 Biennial Review of
Telecommunications Regulations
AGENCY: Federal Communications Commission.
ACTION: Final rule; announcement of effective date.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission announces that the Office of
Management and Budget (OMB) has approved, for a period of three years,
the information collection associated with the Commission's payphone
compensation rules. This document is consistent with the Modernization
of Payphone Compensation Rules Report and Order, FCC 18-21, which
stated that the Commission would publish a document in the Federal
Register announcing the effective date of those rules.
DATES: The amendment to 47 CFR 64.1310(a)(3) published at 83 FR 11422,
March 15, 2018, is effective on July 17, 2018.
FOR FURTHER INFORMATION CONTACT: Michele Levy Berlove, Attorney
Advisor, Wireline Competition Bureau, at (202) 418-1477, or by email at
[email protected]. For additional
[[Page 33144]]
information concerning the Paperwork Reduction Act information
collection requirements, contact Nicole Ongele at (202) 418-2991 or
[email protected].
SUPPLEMENTARY INFORMATION: This document announces that, on July 2,
2018, OMB approved, for a period of three years, the information
collection requirements relating to certain payphone compensation rules
contained in the Commission's Modernization of Payphone Compensation
Rules Report and Order, FCC 18-21, published at 83 FR 11422, March 15,
2018, as specified above.
The OMB Control Number is 3060-1046. The Commission publishes this
document as an announcement of the effective date of the rules. If you
have any comments on the burden estimates listed below, or how the
Commission can improve the collections and reduce any burdens caused
thereby, please contact Nicole Ongele, Federal Communications
Commission, Room 1-A620, 445 12th Street SW, Washington, DC 20554.
Please include the OMB Control Number, 3060-1046, in your
correspondence. The Commission will also accept your comments via email
at [email protected].
To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format),
send an email to [email protected] or call the Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), the FCC is notifying the public that it received final OMB
approval on July 2, 2018, for the information collection requirements
contained in the modifications to the Commission's rules in 47 CFR part
64. Under 5 CFR part 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current, valid OMB
Control Number.
No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
that does not display a current, valid OMB Control Number. The OMB
Control Number is 3060-1046. The foregoing notice is required by the
Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens and costs for the respondents
are as follows:
OMB Control Number: 3060-1046.
OMB Approval Date: July 2, 2018.
OMB Expiration Date: July 31, 2021.
Title: Part 64, Modernization of Payphone Compensation Rules et
al., WC Docket No. 17-141 et al., FCC 18-21.
Form Number: N/A.
Respondents: Business or other for-profit entities.
Number of Respondents and Responses: 329 respondents; 2,257
responses.
Estimated Time per Response: 0.50 hours-122 hours.
Frequency of Response: On occasion, one-time, and quarterly
reporting requirements; third party disclosure requirements; and
recordkeeping requirement.
Obligation To Respond: Required to obtain or retain benefits.
Statutory authority for this collection of information is contained in
47 U.S.C. 151, 154 and 276 of the Communications Act of 1934, as
amended.
Total Annual Burden: 34,720 hours.
Total Annual Cost: No cost(s).
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: The Commission is not
requesting that the respondents submit confidential information to the
FCC. Respondents may, however, request confidential treatment for
information they believe to be confidential under 47 CFR 0.459 of the
Commission's rules.
Needs and Uses: Section 276 of the Communications Act, as amended
(the Act), requires that the Federal Communications Commission
(Commission or FCC) establish rules ensuring that payphone service
providers or PSPs are ``fairly compensated'' for each and every
completed payphone-originated call. The Commission's Payphone
Compensation Rules satisfy section 276 by identifying the party liable
for compensation and establishing a mechanism for PSPs to be paid. A
2003 Report and Order (FCC 03-235) established detailed rules (Payphone
Compensation Rules) ensuring that payphone service providers or PSPs
are ``fairly compensated'' for each and every completed payphone-
originated call pursuant to section 276 of the Communications Act, as
amended (the Act). The Payphone Compensation Rules satisfy section 276
by identifying the party liable for compensation and establishing a
mechanism for PSPs to be paid. The Payphone Compensation Rules: (1)
Place liability to compensate PSPs for payphone-originated calls on the
facilities-based long distance carriers or switch-based resellers
(SBRs) from whose switches such calls are completed; (2) define these
responsible carriers as ``Completing Carriers'' and require them to
develop their own system of tracking calls to completion; (3) require
Completing Carriers to file with PSPs a quarterly report and also
submit an attestation by the chief financial officer (CFO) that the
payment amount for that quarter is accurate and is based on 100% of all
completed calls; (4) require quarterly reporting obligations for other
facilities-based long distance carriers in the call path, if any, and
define these carriers as ``Intermediate Carriers;'' and (5) give
parties flexibility to agree to alternative compensation arrangements
(ACA) so that small Completing Carriers may avoid the expense of
instituting a tracking system and undergoing an audit. On February 22,
2018, the Commission adopted a Report and Order, FCC 18-21 (2018
Payphone Order), that: (1) Eliminated the payphone call tracking system
audit and associated reporting requirements; (2) permitted a company
official, including but no longer limited to, the chief financial
officer (CFO), to certify that a Completing Carrier's quarterly
compensation payments to PSPs are accurate and complete; and (3)
eliminated expired interim and intermediate per-payphone compensation
rules that no longer apply to any entity. We believe that the revisions
adopted in the 2018 Payphone Order significantly decrease the paperwork
burden on carriers.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2018-15157 Filed 7-16-18; 8:45 am]
BILLING CODE 6712-01-P
